LLC documents: which ones matter and how to keep them clean
The documents are not decoration. Articles, EIN letter, Operating Agreement, Registered Agent records and BOI scope evidence must tell the same story.
A properly formed LLC's legal kit contains 6 operating pieces: Articles of Organization, Operating Agreement, EIN CP 575, BOI/FinCEN scope note if applicable, Registered Agent Acceptance and Banking Resolution.
When you form a US LLC, you receive a complete "legal kit". several documents, each with a specific function. At Exentax we prepare and deliver all of them as part of the formation service. But it's good to know what each one is and when you'll need it.
The documents that make an LLC operational
1. Articles of Organization (Certificate of Formation)
This is the official document that registers your LLC with the state. It's the "birth certificate" of your company. It's public and contains:
- Legal name of the LLC
- Registered Agent address
- Date of formation
- Management type (Member-Managed or Manager-Managed)
- State of formation
In states like New Mexico, member data does NOT appear in the Articles of Organization, giving you additional privacy.
When you need it: To open your bank account on Mercury or Relay, register on Stripe/PayPal, and prove your LLC exists legally. It's the first document anyone asks for.
2. EIN Letter (CP 575 / SS-4 Confirmation)
The EIN (Employer Identification Number) is your LLC's tax identification number with the <a href="https://www.irs.gov" target="_blank" rel="noopener">IRS</a>. It's equivalent to the NIF/CIF in Spain, RFC in Mexico, NIT in Colombia, or CUIT in Argentina. The CP 575 letter from the IRS officially confirms your EIN assignment.
3. Operating Agreement
The most important internal document of your LLC. Defines the rules: who manages it, how profits are distributed, tax classification (Disregarded Entity), authorization to operate bank accounts, etc.
A key detail: the Operating Agreement is a private document. It's not registered with any state authority. Only you and the entities you choose (Mercury, Stripe) see it. This is a huge privacy advantage compared to structures like the Spanish SL.
When you need it: To open accounts on Mercury (they always ask for it), verify Stripe, and as legal backup for your entire structure.
4. Certificate of Good Standing
Issued by the state, it certifies that your LLC is current with all its obligations (Annual Report, fees, etc.). Think of it as your company's "clean record."
When you need it: Some banks and providers request it periodically. Also necessary if you register your LLC in another state (Foreign Qualification) or if a large client requests verification. Mercury may request it during periodic compliance reviews.
5. BOI / FinCEN scope memo
The BOI Report (Beneficial Ownership Information) is not a default filing for US-formed LLCs under FinCEN's current March 2025 scope. What belongs in a serious LLC file is the BOI/FinCEN scope memo: whether the entity is out of scope as a US-created LLC, whether it falls into the narrower foreign reporting company category, and which evidence supports that conclusion.
When you need it: During banking/KYC reviews, annual maintenance and any ownership, address or structure change. If the entity is in scope, keep the filing confirmation; if it is out of scope, keep the dated analysis.
6. Registered Agent Agreement
Document confirming who your Registered Agent is — the person or company designated to receive official legal documentation on behalf of your LLC in the state of formation.
When you need it: Part of your LLC records. Some banks request it as additional verification.
Summary: your document checklist
| Document | Public or private? | Who provides it? | Needed for |
|---|---|---|---|
| Articles of Organization | Public (state registry) | Exentax | Mercury, Stripe, everything |
| EIN Letter (CP 575) | Private (from IRS) | Exentax | Mercury, Stripe, IRS filings |
| Operating Agreement | Private | Exentax | Mercury, Stripe, legal protection |
| Certificate of Good Standing | Public | Exentax (on demand) | Periodic bank reviews, large clients |
| BOI / FinCEN scope memo | Private | Exentax | Scope review, banking/KYC file |
| Registered Agent Agreement | Private | Exentax | LLC records |
Documents you do NOT need
- Social Security Number (SSN): Not required for non-residents. The EIN replaces the SSN for LLC tax purposes
- Visa or work permit: You don't need authorization to work in the US to have an LLC. Formation, EIN and core compliance can be handled remotely; banking is assessed separately
- Physical US address: The Registered Agent provides the legal address
- US passport: Any valid passport works
- Pre-existing US bank account: Opened as part of the formation process
- ITIN: Not needed for LLC formation or Mercury (but PayPal Business may require the owner's ITIN)
Where to keep these documents
We recommend having an organized digital copy of everything:
- "LLC Docs" folder in your cloud (Google Drive, Dropbox, etc.)
- Subfolders by type: Formation, Tax, Banking, Compliance
- Clear names: "Articles_of_Organization_MyLLC.pdf", "EIN_Letter_CP575.pdf", "Operating_Agreement_MyLLC.pdf"
You'll need these documents every time you open a new account, register with a payment processor, or a large client requests verification. Having them organized saves you hours.
At Exentax, all our clients receive their complete documentation, organized and ready from day one.
Document lifecycle: when to update each document
| Document | Initial creation | Updates needed | Frequency |
|---|---|---|---|
| Articles of Organization | At formation | Only if amending (name change, etc.) | Rarely |
| EIN Letter (CP 575) | At formation | Never. EIN doesn't change | Never |
| Operating Agreement | At formation | If adding members, changing management, or modifying terms | As needed |
| Certificate of Good Standing | Upon request | Request new one periodically | Annually or as needed |
| BOI / FinCEN scope memo | At formation | Review after ownership, address or registration changes | As changes occur |
| Registered Agent Agreement | At formation | If changing registered agent | As needed |
| W-8BEN-E | When working with US clients | Every 3 years (IRS expiration) | Every 3 years |
| Form 5472 + 1120 | Annually | N/A. new filing each year | Annually |
| FBAR | Annually (if applicable) | N/A. new filing each year | Annually |
Frequently asked questions about documents
Can I use digital copies of my documents?
Yes, for most purposes. Mercury, Stripe, and other platforms accept scanned copies. However, keep the original signed Operating Agreement in a safe place.
What if I lose a document?
- Articles of Organization: Request a certified copy from the state ($10-25 fee)
- EIN Letter: Request a replacement from the IRS (free but slow)
- Operating Agreement: If you lose the original, you need to re-execute a new one
- BOI / FinCEN scope memo: keep Exentax's dated scope memo; if the entity is in scope, also keep the FinCEN filing confirmation
Do documents need to be notarized?
Generally no. US LLC documents don't require notarization. The Operating Agreement just needs signatures from all members.
Are my documents public?
Only the Articles of Organization are publicly searchable (varies by state). In New Mexico, member names don't appear in public records. The Operating Agreement, EIN letter, and other documents are private.
A couple of adjacent reads worth having open alongside this one: <a href="/en/blog/open-a-us-llc-5-real-advantages-over-eu-shells">Why open a US LLC today: the 5 pillars of the American advantage</a> and <a href="/en/blog/itin-vs-ssn-for-llc-non-residents-w-7-and-caa">EIN vs ITIN vs SSN: the US tax identification numbers explained</a>, which sharpen exactly the edges we skimmed above.
The documents a LLC needs depend on who asks for them: bank, marketplace, IRS, broker or payment processor. This guide lists the usual file, but each company should maintain evidence that matches its activity.
The documents banks compare during onboarding
LLC documents must explain the banking layer before a provider asks about activity, owner or funds:
- Documents should anticipate banking questions. Articles, EIN notice, Operating Agreement, ownership records, address evidence and business description should be ready before the first provider review.
- The account stack creates document demand. A card platform may ask for activity evidence; an FX provider may ask for source of funds; a broker may ask for tax forms. The LLC file should not be rebuilt from zero each time.
- Keep provider-facing documents aligned. The same legal name, EIN, address, owner names and activity description should appear across applications, invoices and internal records.
- Exentax keeps a bank-ready folder. The goal is not to collect documents randomly; it is to maintain the exact package a bank, marketplace or processor is likely to request.
The right document pack makes the LLC usable: banks, payment processors, brokers, marketplaces and tax advisers all ask different questions, but they all test the same thing: whether the company has a real file behind it.
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- Mercury: as a fintech built on US partner banks, it demands coherence. Document why it is used, which payments it receives, who controls the LLC and how compliance will be answered.
- Payoneer operates through European entities (Payoneer Europe Ltd, Ireland) that are also in scope for CRS for clients resident in participating jurisdictions.
FinCEN and IRS reporting requirements moved recently; the current state is:
- EIN and notice. Without an EIN you cannot file Form 5472. The IRS does not warn before imposing penalties; you find out when an EIN is flagged or a later filing is rejected. Exentax closes the gap with a reviewed record and a clean execution path.